Editor in Chief: Moh. Reza Huwaida Friday, May 3rd, 2024

No Punishment without a Trial

The recent public lashing of a girl in Jaghori District of Ghazni province has sparked brain storming discussion in the virtual world.Since permeate of the report in local newspapers, university students and particularly, Ghazni students have conducted campaign against and posted harsh comments against those behind the case. Some blame local authorities of failure to protect women rights and some others turn the sharp edge of their criticisms against Mullahs.

Meanwhile, it is not clear how the extra-judicial court's order was carried out in the area. Reportedly, she was found guilty on having illegal sexual relationship with a boy from the region. Her punishment according to command (Fetwa) of the local Mullah was 80 lashes. Some are saying that she was taken to a public area and people gathered to watch and be eyewitness to execution of Allah Almighty's decree.

Firstly, she was made to wear a shroud and then was lashed. While some others are saying that edict of the Mullah was executed in the presence of only few people.

On other hand, local authorities are in state of denial. They still have not approved that such incident has taken place.Meanwhile they, as well as, officials at provincial and national level have promised to investigate the case and bring into justice those who were behind.

On Monday, September 24, some Kabul university students mainly from Jaghori held a peaceful demonstration in Kabul. The demonstration started from Kabul University and ended in front of Human rights commission and Parliament. At last, they read out are solution and counted the numbers of extra-judicial practices across the country. They also asked government to step ahead and prevent such incidents.

It should be noticed such decrees are against Shariah Law too.According to Shariah law, only through two methods adultery can be confirmed: 1) confession and 2) approval of four "just people". In the first case, a person himself or herself confesses in the court for having illegal sex, which in the present condition is hardly possible.Because it will be exceptional case that a man or a woman comes and confesses that he/she committed adultery and is ready to be punished.

In the second case, four just men should give testimony that they saw at the same time the actual action. If their testimony differs then the testimony cannot be accepted.
However, it is really against religion and law and order system to prosecute someone without a just trial.